(1.) This appeal by special leave is directed against the impugned judgment and order dated 28.4.2009 passed by the High Court of judicature of Madhya Pradesh at Indore, in Writ Petition No. 2309 of 2009, whereby the High Court has affirmed the award dated 27.1.2009 passed by the Industrial Court, Indore in Civil Appeal No. 340/MPIR of 2007 which arises out of the Award dated 29.10.2007 passed by the Labour Court in Case No. 421/MPIR of 2001.
(2.) For the purpose of considering the rival legal contentions urged on behalf of the parties in this appeal and with a view to find out whether this Court is required to interfere with the impugned judgment and order of the High Court, the necessary facts are briefly stated hereunder:
(3.) Being aggrieved by the order of dismissal passed against the respondent- workman by the appellant-Company, he raised an industrial dispute before the Labour Court by filing application No. 421 of 2001 under Section 31(3) read with Sections 61 and 62 of the Madhya Pradesh Industrial Relations Act, 1960 (for short "the M.P.I.R. Act"), questioning the correctness of the order of dismissal dated 30.7.2001, passed by the Disciplinary Authority of the appellant-Company from his services and prayed to set aside the same and reinstate him in the service to the said post with all the consequential benefits including back wages.